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Antitrust and Trade Regulation Commons™
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Full-Text Articles in Antitrust and Trade Regulation
Intercepting Licensing Rights: Why College Athletes Need A Federal Right Of Publicity, Talor Bearman
Intercepting Licensing Rights: Why College Athletes Need A Federal Right Of Publicity, Talor Bearman
Vanderbilt Journal of Entertainment & Technology Law
The right of publicity is the right of an individual to control the commercial use of her name, image, likeness, or other identifiable aspects of her persona. In the United States, the right of publicity is a state-law right, not federal, and recognition of the right varies significantly from state to state. The lack of uniformity among states poses significant problems for individuals who are recognizable throughout the United States. Specifically, student athletes, who would lose the ability to play college athletics if they were reimbursed for the use of their images, are among the individuals most at risk of …
Trolling For Standards: How Courts And The Administrative State Can Help Deter Patent Holdup And Promote Innovation, Niels J. Melius
Trolling For Standards: How Courts And The Administrative State Can Help Deter Patent Holdup And Promote Innovation, Niels J. Melius
Vanderbilt Journal of Entertainment & Technology Law
Antitrust law and patent law share the common goal of improving economic welfare by facilitating competition and innovation. But these legal fields conflict when baseless claims of patent infringement disrupt the competitive process. In its eBay decision, the Supreme Court muddied the precedential waters by promulgating a vague doctrine of injunctive relief in patent infringement cases. In the years since, a split has emerged in the district courts on the question of which entities generally qualify for injunctive relief as an additional remedy to damages. This uncertainty has failed to mitigate an antitrust phenomenon known as "patent holdup," whereby an …